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Reasons
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(영문) 춘천지방법원 2019.08.21 2018가합51228
대여금
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1. The defendant,

A. 31,00,000 won and a rate of 12% per annum from May 3, 2019 to the date of complete payment to Plaintiff A.

Reasons

1. Determination as to Plaintiff A’s claim

(a) The following facts are not disputed between the Parties:

1) On June 20, 2014, Plaintiff A lent KRW 0.5% per month to the Defendant, KRW 200,000,000 on June 20, 2014, and KRW 1% per month on October 30, 2014. (2) Plaintiff A paid KRW 300,000 to the Defendant from April 13, 2015 to August 17, 2015, and appropriated KRW 300,000,000 out of the leased principal (= KRW 200,000,000 out of the leased principal on June 20, 2014).

3) around August 2015, Plaintiff A transferred to Plaintiff B the part of KRW 100,00,000 out of the loan claims as of October 30, 2014, to the Defendant. On August 22, 2016, Plaintiff A additionally lent KRW 100,000 to the Defendant at a monthly rate of 1%. The Defendant paid KRW 300,000,000 to the Defendant (i.e., loan claims of KRW 200,000,000 as of October 30, 2014) (i.e., loan claims of KRW 100,000,000,000 as of August 22, 2016), and the Defendant paid KRW 10,000,000 to the Plaintiff for the interest rate of KRW 300,000,000 until May 30, 2018 (the interest rate of KRW 60,000).

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff A the agreed interest rate of KRW 300,000,000 and the remaining interest rate of KRW 1,00,000 on June 2018 (=3,000,000 - 2,000,000), and the agreed interest rate of KRW 12% per annum from July 1, 2018 to the date of full payment.

In cases where there is an agreement between the parties as to the interest to be added to the principal, it is consistent with the intent of the parties to deem that the agreement was agreed to apply the rate of delay damages incurred due to such delay, barring any special circumstance (see Supreme Court Decision 2011Da50509, Apr. 26, 2013). As such, the rate of 12% per annum, the agreement, shall be applied as the rate

(E) The Defendant’s repayment of KRW 300,000 to Plaintiff A on May 2, 2019, in full view of the purport of the entire pleadings, may be recognized, and the costs and expenses are incurred.

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